These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and Digituary ("Company", "we", "us") governing your use of Digituary's products and related services, including Sensor (cookieless B2B analytics) and Captain (AI Google Ads budget allocation).
By creating an account, accessing, or using Sensor or Captain, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
If you do not agree with these Terms, do not use our services.
Digituary provides AI products for B2B marketing teams:
The Service is provided "as is" as a SaaS product. Features may be added, modified, or deprecated with reasonable notice.
To use Sensor or Captain, you must create an account providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to your account.
We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or pose a security risk.
The Service is offered on a subscription basis. Pricing, plan features, and limits are published on our website and may be updated with 30 days' notice. During a public beta, all or part of the Service may be offered free of charge; we will give notice before any beta feature becomes paid. Your current plan and pricing are confirmed in your account dashboard.
Paid subscriptions are billed monthly or annually, depending on the plan selected. Payment is due at the start of each billing cycle. All fees are non-refundable except as expressly stated in these Terms.
You authorize us (or our third-party payment processor) to charge the payment method on file. If payment fails, we may restrict access to the Service until the balance is resolved. We will notify you before any account suspension due to non-payment.
All fees are exclusive of applicable taxes (VAT, sales tax, etc.). You are responsible for any applicable taxes based on your jurisdiction.
You may upgrade your plan at any time (prorated charges apply). Downgrades take effect at the start of the next billing cycle. Feature access may change upon downgrade.
Captain connects to your Google Ads account through the Google Ads API using OAuth 2.0 authorization.
By connecting your Google Ads account, you grant Captain permission to access, read, and (when you enable automation features) modify campaign settings, bids, and budgets on your behalf. You may revoke this access at any time through your Google account settings or your Captain dashboard.
Your use of the Google Ads API through Captain is also subject to Google's API Terms of Service. Our use of data received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
Certain Captain features can make automated changes to your Google Ads account (budget reallocation, keyword-level adjustments). These features are opt-in and require explicit activation. You remain fully responsible for the configuration and consequences of automated actions. We recommend reviewing automated changes regularly through the activity log in your dashboard.
Important: Captain provides budget-allocation tools and recommendations based on statistical models. We do not guarantee any specific advertising performance outcome. Google Ads results depend on many factors beyond our control, including auction dynamics, competitor behaviour, and market conditions.
Sensor is an optional product. If you choose to deploy it, you install a single cookieless JavaScript snippet on your website. You are responsible for proper installation and for ensuring Sensor operates in compliance with the privacy laws that apply to your website.
When you deploy Sensor on your website, you are the data controller for the behavioural data collected from your website visitors. You are responsible for:
We process Sensor data on your behalf as a data processor. Our processing is governed by the Data Processing Agreement (DPA) referenced in Section 11. We will only process Sensor data for the purposes of providing the Service to you.
Sensor collects engagement signals (page views, scroll depth, click patterns, session duration) and does not collect form inputs, keystrokes, passwords, or personally identifiable information. Every visitor is an anonymous daily fingerprint that resets each day, and raw event data is buffered and purged within 24 hours of processing.
You agree to:
You may not:
Violation of this section may result in immediate suspension or termination of your account.
Sensor and Captain, including their software, algorithms, models, user interfaces, documentation, and branding, are and remain the intellectual property of Digituary. These Terms do not transfer any ownership rights to you. You receive a limited, non-exclusive, non-transferable license to use the Service during your active subscription.
You retain all rights to your Customer Data. You grant us a limited license to process your Customer Data solely for the purpose of providing and improving the Service. We will not use your data for any purpose unrelated to the Service without your explicit consent.
If you provide suggestions, feature requests, or other feedback, you grant us a non-exclusive, royalty-free, perpetual license to use and incorporate that feedback into our products.
Our collection and use of personal data is governed by our Privacy Policy.
Where required by applicable data protection law (including GDPR), a Data Processing Agreement forms part of these Terms. The DPA is available upon request at [email protected] and governs our processing of personal data on your behalf — particularly data collected through Sensor.
We use third-party sub-processors for infrastructure, hosting, payment, and analytics. A current list of sub-processors is available upon request. We will notify you of material changes to our sub-processor list at least 30 days in advance.
Upon termination of your subscription, we will delete your Customer Data within 90 days, unless retention is required by law. You may request earlier deletion or data export by contacting us.
Each party agrees to maintain the confidentiality of the other party's confidential information. Confidential information includes business plans, technical data, product strategies, customer lists, and pricing terms — but does not include information that is publicly available, already known, independently developed, or lawfully received from a third party.
This confidentiality obligation survives for 3 years after the termination of these Terms.
We target 99.5% uptime for the Digituary platform, measured monthly, excluding scheduled maintenance. Scheduled maintenance windows will be communicated at least 48 hours in advance.
While we strive for high availability, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, infrastructure issues, or circumstances beyond our control.
Support is provided via email during business hours (Monday–Friday, 9:00–18:00 EET). Response times vary by plan tier.
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Sensor and Captain provide analytics and optimization tools based on statistical models and historical data. We do not guarantee any specific outcomes, including but not limited to: increased conversions, reduced cost-per-acquisition, improved return on ad spend, or revenue growth. Marketing performance depends on many factors outside our control.
To the maximum extent permitted by law, Digituary's total aggregate liability under these Terms — whether in contract, tort, strict liability, or otherwise — shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
In no event shall Digituary be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, business opportunities, or goodwill — even if we have been advised of the possibility of such damages.
You acknowledge that automated changes made by Captain to your Google Ads account (when automation features are enabled) may impact your advertising spend and performance. You are responsible for monitoring automated actions. Digituary is not liable for financial losses resulting from automated budget reallocation or keyword management performed by the Service.
You agree to indemnify and hold harmless Digituary, its officers, employees, and contractors from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access until the end of the paid period.
We may suspend or terminate your account if you breach these Terms, engage in prohibited conduct, fail to pay outstanding invoices (after 14 days' written notice), or if required by law. We will provide reasonable notice where possible.
Upon termination:
We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription before the new terms take effect.
These Terms are governed by the laws of Ukraine, without regard to conflict of law principles. For EU-based customers, mandatory consumer protection laws of your country of residence may also apply.
The parties agree to attempt to resolve any dispute informally for at least 30 days before initiating formal proceedings. If informal resolution fails, disputes shall be resolved through arbitration under the rules of the International Chamber of Commerce (ICC), with the seat of arbitration in Kyiv, Ukraine. The language of arbitration shall be English.
Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent unauthorized disclosure of confidential information.
For questions about these Terms of Service: